Accepted Answer

Hello again and thank you for the expanation.

 

There is no general legal principle that the use of swearing by employees is an act of gross misconduct that would justify instant dismissal. Indeed, the use of foul and abusive language in many workshop and factory floor environments must be commonplace between employees and would not ordinarily justify dismissal.

 

In the retail situation it must be unacceptable although, outside business hours there can be no difference between the shop and the factory

 

Where foul or abusive language is used by an employee against his boss, particularly in circumstances where an employee is refusing to carry out a reasonable order, this has been held to justify instant dismissal. Similarly, where an employee uses foul and abusive language in order to intimidate or humiliate a more junior employee, this is likely to expose an employer to a claim in the Employment Tribunal and may also justify the instant dismissal of the employee who used such language. There has been one case, however, where an Employment Tribunal held that where an employee used abusive language in a sudden explosion of temper and under the influence of drink, it was unfair to dismiss that employee without first giving him the opportunity to apologise.

 

Subject to what I have outlined above, I believe that your employers are over-reacting and in the event of anything worse than a verbal warning you should appeal the decision.

 

 

I hope that this answers your question. If so, I would ask you, please to click 'Accept' so that I can be paid. If you require clarification, please don't hesitate to ask.

 

Best wishes.

 

F E

 

 

Expert:	F E Smith
Pos. Feedback:	99.3 %
Accepts:
Answered:	11/7/2009

Solicitor

30 years in General Practice